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Roll Call Number la Item NumberAsendaltem4°'r
Date .May9,2Q16,
An Ordinance entitled, "AN ORDINANCE to amend the Municipal Code of the City of DesMoines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5,2000, as heretoforeamended, by amending Sections 78-61, 78-62, 78-64, 78-66, 78-68, 78-69, 78-70, 78-
70.01, 78-71, 78-72, 78-73, 78-74, 78-200, 78-201, 78-206, 78-207, 78-208, 78-212, and
adding and enacting new Sections 78-66.01, and 78-75, and by repealing Section 78-69.01,
and by repealing Section 78-67 and adding and enacting new Section 78-67, relating totransient merchants and mobile food venders",
which was considered and voted upon under Roll Call No. 16- U lu~\ of April 25, 2016;
again presented.
Moved byconsidered and given second vote for passage.
that this ordinance be
(Second of three required readings)
COUNCIL ACTION
COWNIE
COLEMAN
GATTO
GRAY
HENSLEY
MOORE
WESTERGAARD
TOTAL
YEAS
MOTION CARRIED
NAYS PASS
API
]
ABSEN1
tOVED
layor
CERTIFICATE
I, DIANE RAUH, City Clerk of said City herebycertify that at a meeting of the City Council of saidCity of Des Moines, held on the above date, amongother proceedings the above was adopted.
IN WITNESS WHEREOF, I have hereunto set myhand and affixed my seal the day and year firstabove written.
City Clerk
wo-DE5 Mores'
Council
CommunicationOffice of the City Manager
Date: | April 25, 2016Agenda Item No.
Roll Call No.
Communication No.
Submitted by:
50
L'/^wcf
^J
16-230
Phillip Delafield,CommunityDevelopment Director
AGENDA HEADmG:
Approval of amendments to Chapter 78 regarding the transient merchant ordinance and the mobile food
vendor ordinance.
SYNOPSIS:
Recommend amending the Mobile Food Vending Permit and Transient Merchant Permit, to require allvendors selling food (and non-food items) to have the same permit regulations. Additionally, a new
Premise Permit is being created, which will require private property owners to obtain a separate permit
prior to invitmg licensed vendors to sell on their property.
FISCAL IMPACT: NONE
ADDITIONAL INFORMATION:
The mobile food vendor license was enacted to allow food trucks to sell on the City streets with the
option to sell in City parks. It was discovered that food vendors in parks would be required to pay for
unnecessary meter hoods. The amendment well allow a vendor to have a transient merchant license or amobile food vendor license to operate in a City park.
At the same time the Legion of Food was requesting a path to allow food vendors on private property to
be more mobile and locate in a number of locations only paying for one (1) food sales license. This is
best accomplished by issuing a permit to allow sales on private property directly to a private propertyowner.
The substantive changes to the ordinances include:
• A transient merchant will be subject to the same permit requirements as a mobile food vendor.
> Application requirements.> Insurance requirements.
> Fire inspections.
• Create a premise permit for a property owner to obtain to allow a vendor to sell on their property.
> The property owner will be responsible to supply restrooms within 500 feet of food sales.
^ The property owner will be responsible for maintenance of the lot.
> A property owner may only allow one (1) vendor (selling food or merchandise) on theproperty at any time.
Council Communication No. 16-230
Page 2 of 2
> A property owner will be required to indicate the area for sales and parking by stripingthe paving.
• New requirements for a transient merchant located on private property.> A transient merchant must vacate the private property from the hours of 1:30 a.m. and
8:00 a.m.
> A transient merchant cannot park a vehicle or leave items in connection with the sales
activity on private property unattended.
> A push cart will be allowed to obtain a license to sell food on private property but not ona City street.
> Sales of food can only occur while supplied restrooms are available for use.
The followmg provisions will not change:
• Non-residentially owned private property from which food is sold must have a restroom within500 feet.
> It will be the responsibility of the property owner to reach an agreement to supply therestroom.
• Transient sales must occur on commercial non-residentially occupied properties.
• Changes will not affect seasonal sales of vegetables and Christmas trees.
These changes will allow for easier inspections and enforcement. By having all vendors be obligated to
leave private property at a prescribed time staff will have an easier time identifying a violation. Theprivate property owner will have to agree that anyone they allow on the property abides by the ordinance
requirements.
The changes also clean up some language that obligated a food vendor to pay for a meter hood to locate
in a park. Under the changes they are only required to pay for meter hoods if they intend to sell on a
City street. The purpose of paying for a meter hood is to reimburse the City for lost meter revenue.
PREVIOUS COUNCIL ACTION(S):
Date: April 11, 2016
Roll Call Number: 16-0602
Action: Amending Chapter 74 of the Municipal Code regarding mobile food vendors in City Parks, asamended to allow for push carts. (Council Communication No. 16-182) Moved by Coleman that this
ordinance do now pass, #15.461. Motion Carried 7-0.
ANTICIPATED ACTIONS AND FUTURE COMMITMENTS: NONE
For more mformation on this and other agenda items, please call the City Clerk's Office at 515-283-4209 or visit the Clerk'sOffice on the first floor of City Hall, 400 Robert D. Ray Drive. Council agendas are available to the public at the CityClerk's Office on Thursday afternoon preceding Monday's Council meeting. Citizens can also request to receive meetingnotices and agendas by email by calling the Clerk's Office or sending their request via email to [email protected].
/^ -^
ORDINANCE NO.
AN ORDINANCE to amend the Municipal Code of the City ofDes Moines, Iowa, 2000, adoptedby Ordinance No. 13,827, passed June 5, 2000, as heretofore amended, by amending
Sections 78-61, 78-62, 78-64, 78-66, 78-68, 78-69, 78-70, 78-70.01, 78-71, 78-72, 78-73,78-74, 78-200, 78-201, 78-206, 78-207, 78-208, 78-212, and adding and enacting new
Sections 78-66.01, and 78-75, and by repealing Section 78-69.01, and by repealing Section
78-67 and addmg and enacting new Section 78-67, relating to transient merchants andmobile food venders.
Be It Ordained by the City Council of the City ofDes Moines, Iowa:
Section 1. That theMunicipal Code of the City ofDes Moines, Iowa, 2000, adopted by
Ordinance No. 13,827, passed June 5, 2000, as heretofore amended, is hereby amended by
amending Sections 78-61, 78-62, 78-64, 78-66, 78-68, 78-69, 78-70, 78-70.01, 78-71, 78-72, 78-
73,78-74,78-200,78-201,78-206,78-207, 78-208,78-212, and adding and enacting new Sections
78-66.01, and 78-75, and by repealing Section 78-69.01, and by repealing Section 78-67 and
adding and enacting new Section 78-67, relating to transient merchants and mobile food vendors,
as follows:
ARTICLE m. TRANSIENT MERCHANTS
Sec. 78-61. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meamng:Food service establishment shall have that meaniag established by section 481-30.2 of the
Iowa Administrative Code.
Licensed premises means an area approved for the operation of a transient merchantbusiness under authority of a transient merchant license issued pursuant to this article.
Pushcart means a non-motorized cart which is self-propelled by the operator.
Transient merchant means a person, principal or agent who engages in a merchan.dismg
business from a temporary location or structoe in the city, and who, for the purpose of carrying
on such business, hires, leases or occupies any land, structure, trailer or truck for the exhibition
and sale of such goods, wares or merchandise and including the sale of any article, food, beverage,
fhut, vegetable or farm product; provided however that fhe following types of sales activities shallnot constitute sales by a transient merchant:
(1) Yard sales. The casual and occasional sales of used household goods by the owner
thereof to the public, on a nonreceiving basis, if the seller, at the time of the sale, is
not engaged for profit in the business of selling goods of that or a similar nature, so
long as such sales are not conducted in excess of four consecutive days and no more
than two times annually.
(2) Licensed use of right-of-way. Sales activities conducted in compliance with an
entertainment district license, a sidewalk sales permit, a farmers' or public market
permit, or a sidewalk cafe license or lease issued for the premises pursuant to article
VII of chapter 102 of this code.(3) Street Use Permit. Sales activities conducted in compliance with a street use permit
issued pursuant to article XVI of chapter 102 of this code.
(4) Special Permits. Sales activities conducted pursuant to a special permit issued by
the zoning board of adjustment pursuant to division 3 of article TV of chapter 134of this code.
(5) Peddlers. Sales activities conducted in compliance with a peddlers license issued
pursuant to article II of this chapter.
(6) Parks. The sale of food and beverages in public city parks and rivers withpermission of the park and recreation boardthe department director;
(7) Emergency response sites. Sales of food and beverages at the site of an emergency
or disaster with the permission of the police chief, fire chief or public worksdirector.
(8) Mobile vendors. Sales activities by a mobile vender which are conducted m
compliance with a mobile vender license issued pursuant to article V of this chapter.
Transient merchant premises permit means a permit issued pursuant to this article to allow
a transient merchant or mobile food vender to operate on premises owned or leased to the owner
of the premises.
Sec. 78-62. Exceptions.
The following sales by transient merchants do not require a license under this article;
however, section. 78-74 of this article shall apply to the conduct of all sales by transient merchants:
(1) The sale of food from a pushcart located within the area known asPlazaCowles Commons arid bounded by Locust, Wahiut and 3rd Streets and the
extension of 4th Street.
(2) The sale of raw fi-uits and/or vegetables.
(3) The sale of natural Christinas trees during the months of November and December.
(4) Sales activities by a charitable, educational or religious organization which isexempt from taxation under section 501 (c)(3) of the United States Internal RevenueCode when the proceeds thereof shall be applied to the payment of the expenses
thereof and to the charitable or religious object for which the charitable or religioussociety exists, provided that such sales are not conducted by such organization in
excess of three consecutive days in any 7-day period at the same location.
(5) Sales activities conducted on property zoned for retail sales use and owned by a
non-profit corporation where such sales activities are sponsored by the non-profitcorporation and are limited to the weekends in fhe months of June through August.
Sec. 78-64. Licenses and Permits required.
(a) Except for premises listed in subsection b, the owner or tenant of premises upon which a
transient merchant or mobile food vender operates shall obtain a transient merchant
premises permit as provided in this article before allowing for sale of any food, goods^
wares or merchandise in the city_for those exempt activitieG identified in Gection 78 62,
every transient merchant shall, before offering for sale any goods, wares or merchandise inthe city, obtain a license for their sale from the city clerk as provided in this article.
fb) The following premises are exempt from the requirements of subsection a:
(i) ' Premises upon which sales occur that are exempt from license pursuant to section78-62.
(2) Mobile yenderzpne_s.
(3) City uarkland.(c) Except for those exempt activities identified in section 78-62, every transient merchant
shall, before offering for sale any food, goods, wares or merchandise iu the city, obtain alicense for their sale from the city clerk as provided in this article.
(db) A fhree-day transient merchant license shall permit the operation of the licensed business
at the licensed premises during three consecutive days. A thirty-day transient merchant
license shall permit the operation of the licensed business at the licensed premiBes during
thirty consecutive days. An annual transient merchant license shall permit the operation of
the licensed business for three hundred and sixty-five consecutive days. at the licensed
premises during one calendar year.
Sec. 78-66. Application for license-—all applicants.
Every transient merchant shall apply to the city clerk for a transient merchant license at
least three business days prior to use by providing the followmg mformation upon a form to be
provided by the city clerk:(1) The full name, age, permanent address and phone number offhe applicant.
(2) A description of the merchandise or food to be sold.(3) The business name and address.
(4) The starting date and duration of the proposed sale,_, and the specific hours, not less
than six consecutive hours m every 11\ hour period, when the site will be vacated
as required by section 78 7'1(i). The hours of operation must also comply with the
requirements of section 78 r1i\ (m), if applicable.
(5) If known, Tthe address of the private property where the sale will be held, and thename and address of the property owner or person in control of that property.
(6) If known, Aa written statement from the property owner or person in control of the
property listed in subsection (5) of this section that the applicant is authorized touse the property for a sale on the proposed dates.
(7) The period of time the applicant has been engaged in the same or similar business,
and the jurisdictions in which the applicant has previously conducted business mthe last year.
(8) A description of the structure, vehicle, tent, trailer or other configuration fi-om
which the sale will be conducted.
•(9)—A site slceteh which identifies the location of the licensed premises, the placement
of any equipment and facilities used m the operation of the business, and the three
off street parking spaces if required by section 78 67(5), in relationship to theadjoining streets, public sidewalks, and property Imes.
(W9) The application must be accompanied by a copy of all required permits andlicenses, including but not limited to, a retail sales tax permit issued by the IowaDepartment of Revenue. Applicant is required to obtain and establish in its
application that it has obtamed-aad insurance of the type and in the amounts
specified by section 78-205. the appropriate food establishment license issued by
the Iowa Department ofInGpections and Appeals.
(H-10) Written permission from a street use pennit applicant if the proposed location forsales are within one thousand eight hundred (1,800) feet of the perimeter of a streetuse closure for an event when an application is on file with the city clerk for a street
use permit or when the street use permit has been issued.
(45U_) IA description of how bathroom facilities will be provided to satisfy the. requirements of section 78-69.
Sec. 78-66.01. Application for license—licensees selling food.
In addition to the requirements in section 78-66, any transient merchant selling food must
include in its application the information in section.78-204 and must comply with the requirements
of sections 78-204.5, 78-205 and 78-212(s).
See. 78-67. Site requirements^
A transient merchant license shall not be issued unless the licensed premises upon which
the transient merchant operates satisfies the following requirements. A transient merchant shall
maintain the licensed premises in a condition that satisfies the following requirements for the
duration of the license.
(a)—All licensed premises. The licensed premises for all transient merchants shall conform with
the followmg requirements:
^r) —All applicable requirements of this article, the City Code, the Iowa Code and theIowa Admmistrative Code.
^3)—The licensed premises must be within a commercial or industrial zoning district.
<3-)—The licensed premises cannot be upon a parcel havmg a residential use as its
principle use.{4)—All trailers, vehicles, tents, equipment, and areas used for the storage, display or
sale of food or merchandise must be located on a paved surface outside required
zoning setback for structures under chapter 134 and outside any reqmred fire lanes
and drive approaches.(5)—The licensed premises must provide at least three paved off street parking spaces
served by a paved driveway from. the public right of way, provided however that
no off street parking is required in. the C 3, C 3 A, C 3B, C 3R and D R zoningdistricts. The transient merchant may share parking required by chapter 134 for use
by an existing business on the site, if the available parking is sufficient to ser/e the
normal operations of both. —The available parking shall be presumed to be
<insufficient to serve the normal operations of both businesses if within the past year
the operation of a transient merchant at the site has caused an. overflow of customeror employee parking into the street or other private parldng lots in the vicinity.
^6)—Bathroom facilities must be provided for the business workers on the licensed
premises or by agreement for the use of bathroom facilities located within 500 feet
of the licenced facilities. However, this requirement shall not apply to a puGhcart.
(?)—Only one transient merchant at a time may operate upon a parcel. A transientmerchant license shall not be issued for the operation of more than one transient
merchant on a parcel on the some day. However, any number of pushcarts mayoperate on a single parcel, provided the only form of transient merchmts on the
parcel are pushcarts.
(b)—Licensed premises for three day licenses. The licenQed premises for all transient merchants
holding a three day transient merchant license shall conform, with the following additional
requirements:
(1)—No three day license shall be issued for the operation of a transient merchant at a
site \ntbm 10 days before or 10 days after the term of any transient merchant license
previously applied for and not denied for the same site;
{&)-—Licensed premises for thirty day and annual licenses. — The licensed premiseQ for all
transient merchants holding a thirty day or annual transient merchant license shall conform
with the folio v/ing additional requirements:^—Any seatmg area provided for customer use must be located on a paved surface.
(d)—Additional requirements for a food service establishment The licensed premiseQ for any
transient merchant which operates ao a food service establishment shall conform to the
following additional requirements.(^—The business —sfeaU—comply with the requirements —established by Iowa
Administrative Code §481 31.7 for a mobile food unit/pushcarts.^3)—Bathroom facilities must be provided for the busmess workers and customers on
the licensed premises or by agreement for the use of bathroom facilities located
•wifliin 500 feet of the licensed facilities. However, this requu-ement shall not apply
to a pushcart.
Sec. 78-67. Application for a transient merchant premises permit.
At least three days prior to allowing a transient merchant or mobile food vender, currently
licensed by the city, to operate on premises within the city, an owner or lessee of the premisesmust obtain a transient merchant premises permit from the city clerk. The application for the permit
must be on a form provided by the city clerk and must demonstrate to the satisfaction of the city
clerk and the zoning administrator that the premises meet the following.requu-ements:
d) All applicable requirements of this article, the City Code, the Iowa Code and the
Iowa Administrative Code^("2) The m'emises is withm a commercial or industrial zoning-district.
("3) The premises is not on a parcel having a residential use as its principle use.
(4) Trailers, vehicles, tents, equipment, and areas used for the storage, display or saleof food or merchandise will be located only on a paved surface outside required
zoning setback for structures mider chapter 134 and outside any required fire lanes
and drive approaches.
(5) The premises has at least three paved off-street parking spaces dedicated to the
transient merchant or mobile vender operations and is served by a paved drivewayfrom a public right-of-way. Property located in C-3, C-3A, C-3B, C-3R and D-R
zoning districts are exempt from the off-street parking requirement. For purposes
of this subsection, a transient merchant or mobile vender may share parking with
an existmg business on the site only if available parking is sufficient to serve the
normal operations of both. If the operation of a transient merchant or mobile venderat the site has caused an overflow of customer or employee parking into the street
or other private parking lots in the vicinity within the past year, shared parking is
presumed to. be_msufficient,
(6) Only one transient merchant or mobile vender currently licensed by the city is
allowed to operate on the parcel at any time.('7) The permit holder must provide a paved, marked area for display and sale by the
transient merchant or mobile vendor of 1,000 square feet or less, with no single
dimension exceeding 50 feet plus three dedicated adequate parking spaces, if
required. The area and the individual parking spaces must be clearly marked by
paint. All transactions must occur within the marked area.
(8) If the transient merchant or mobile vender is selling or serving food, the premises
must also:
a. Assure that the transient merchant or mobile vender complies with the
requirements established by Iowa Administrative Code §481-31 for a food
establishment other than a food processing plant.
b. _ Provide bathroom facilities for the business workers and customers on_th_elicensed premises or by agreement for the use of bathroom facilities located
within 500 feet of the licensed facilities. Bathroom facilities must remain
open to the public at all times during any operation of a transient busmess
or mobile vendor on the premises. If bathroom facilities are located off the
premises, the applicant must provide written permission for their use signed
by a manager or other person with authority on a form. provided by the city
clerk.
Sec. 78-68. Cash bond.
(a) Except as provided m paragraph (be) below, no transient merchant license shall be issued
until the applicant has delivered to the city clerk a cash bond for no less than $300700as setout in the schedule of fees. The bond shall be held to indenmify and pay the city anypenalties or costs incurred m the enforcement of any of the sections of this article and
indenmify or reimburse any purchaser of food, goods, wares, merchandise or stock for any
judgment which may be obtained by a purchaser for damages in any action commenced
within three months from the date of purchase, due to misrepresentations as to the kind,
quality or value of such food. goods, wares, merchandise or stock, whether the
misrepresentations were made by the owner or by his or her servants, agents or employees,either at the time of making the sale or through any advertisement of any character, printed
or circulated, with reference to such stock of food, goods, wares or merchandise or any part
thereof.
(b)—A single bond may be used for all licenses obtained by the same transient merchant.
(eb) The balance of the bond shall be released by the city clerk and returned to the applicantupon request by the applicant at any time more than four months after expiration of all
transient merchant licenses for which the cash bond was provided, unless the city clerk has
received notice of a pending action in the state or federal courts seeking a judgment upon
a clam eligible for payment from the bond. Except as otherwise provided by court order,the city clerk shall not release any bond durmg the pendency of any such action.
Sec. 78-69. License and Permit fee.
(a) The applicant for a transient merchant license or a transient merchant premises permit shall
pay a fee at the time of filing the application m the amount set m the Schedule of Feesadopted by City Council by resolution.
(b) In the event the application for a transient merchant license or a transient merchant
premises permit is denied or withdrawn by the applicant, either all or a portion of the
license fee in an amount set in the Schedule of Fees adopted by the City Council shall beretained by the city to defray the administrative costs incurred.
Sec. 78-69.01. Repealed by Ord. No. 15,—. Priority of street use events, refund of license fee.
(a)—Subject to paragraph (d), no transient merchant licence shall be issued for sales on a parcel
on the same day as, and within one thousand (1,000) feet of the perimeter of a street closure
made under authority of an approved street use permit, unless witten permission from the
applicant for the street use permit for operation of the transient merchant has been filed
with the City Clerk.(b)—Subject to paragraph (d), upon issuance of a street use permit the city clerk shall
immediately give notice to any applicants .then seeldng a transient merchant license for
sales on the same day as the street use event at a location within one thousand (1,000) feet
of the perimeter of such street closure, informmg the transient merchant that their
application will not be granted for each day of the street closure, unless written permission
from the applicant for the street use penrdt for operation of the transient merchant is filed
with the city clerk.(e)—The application for a transient merchant license shall contain a notice stating substantially
as follows:
"Transient merchant licenses wSl not be issued for sales on the same day as, and at a
location v/ithin one thousand (1,000) feet of the perimeter of a street closure made
under authority of a previously issued street use permit, unless \vritten permission from
the applicant for the street use permit for operation of the transient merchant has been
filed with the city clerk prior to issuance of the transient merchant license. —This
limitation shall not apply to street use permits issued for events that occur more than
four (/1) times per calendar year."^) —— The priority given to an event for which a street use permit is issued, and the denial of a
transient merchant license for sales within one thousand feet of the perimeter of the street
closure, shall not apply to those street use events which occur more than four (4) times per
calendar year.
^•(e)—The issuance of a street use permit shall not affect any previously issued transient merchant
license.
Sec. 78-70. License or permit issuance.
(a) A transient merchant license or transient merchant premises permit shall not be issued more
than fifteen days in advance of the commencement of the term of the license. Prior toissuance of three day or thvty day transient merchant license the City shall confirm that
no street use permit has been issued for an event that limits operation of the transient
merchant pursuant to section 78-69,01.(b) A transient merchant license or transient merchant premises permit shall be denied to any
applicant who has operated a transient merchant business or transient merchant premises
in material violation of any of the requirements of this article or any other chapter of this
Code withm the prior 180 days.(c) The city clerk or the city clerk's designee shall, upon satisfaction that the mformation
provided in an application for a transient merchant license or transient merchant premises)ermit is true and correct, and that the requirements of this article for issuance of the license
or permit have been satisfied, and upon payment of the license or permit fee and posting
of:fee-a_cash boncUf required by this article, issue the license.
(d) The city clerk shall deny any application for the operation of a transient merchant businessor transient merchant premises that does not conform with all applicable requirements of
this article, the City Code, the Iowa Code and the Iowa Adminisb-ative Code.
Sec. 78-70.01. Appeal of denial.
(a) The denial of an application for a transient merchant license or transient merchant premises
)ermit may be appealed pursuant to the administrative appeal process set forth in chapter
3 of this Code.
(b) In the event an application for a transient merchant license or transient merchant premises
)ermit is denied, the city clerk or the city clerk's designee shall cause notice of such denial
to be promptly communicated to the applicant or the applicant's representative by phone at
the phone number provided in the application. Written notice shall also be sent by firstclass mail to the applicant at the business address identified in the application informingthe applicant of the denial, the reasons therefore, and the applicant's right to appeal the
denial to an administrative hearing officer by filing a written notice of appeal wifh. the cityclerk within 10 business days after the date of such notice.
Sec. 78-71. Transferability of license or permit.
Transient merchant licenses or transient merchant premises permits issued under this article
shall not be transferable.
Sec. 78-72. Renewal of license or permit.
Annual and fhirty-day transient merchant licenses may be renewed for the same period so
long as there have been no violations of this article, upon payment offhe fee required by section
78-69 of this article and upon posting of the cash bond required by section 78-68 of this article.
Three-day transient merchant licenses are not subject to renewal. Transient merchant premises
permits may be renewed so long as there have been. no violations of this article, upon payment ofthe fee required by section 78-69 of this article.
Sec. 78-73. Suspension or revocation of license or permit.
(a) Upon complamt or reasonable suspicion that a licensee or permit holder or the licensee's
or permit holder's employees or agents has furnished any false information required under
this article or has violated or failed to comply with any of the requirements of this articleor any other chapter of this Code, the city clerk or the city clerk's designee may cause thematter to be investigated. If the city clerk or the city clerk's designee finds that the licensee
or permit holder or the licensee's or permit holder's employees or agents has furnished any
false information required under this article or has violated or failed to comply with any of
the requirements of this ardcle or any other chapter of this Code, the city clerk or the city
clerk's designee may give notice to the licensee of the city's intent to suspend or revoke the
license, or to deny its renewal.
(b) Notice of the city's intent to suspend, revoke, or deny the renewal of a license or permitand a brief summary of the factual basis for such remedial action shall be served upon the
licensee or permit holder. Such notice shall inform the licensee or permit holder of the
time, date and place of a meeting where the licensee or permit holder may meet with the
city clerk or the city clerk's designee for the purpose ofpresentmg additional informationregarding the intended remedial action and the factual basis therefore, and that a final
decision on appropriate remedial action will made after fhe schedule time for such meeting.
Such notice shall be served upon the licensee or permit holder by personal service or by
service upon a cashier, 18 years of age or older, for fhe business wherebusiness where
business is conductedat a licensed prenuGes, or by regular mail addressed to the licensee atthe licensee's business address as shown on the application a minimum of five business
days prior to the date set for the meeting.
(c) If, after the scheduled meeting and after consideration of all the available informationincluding any information provided at the meeting by the licensee or permit holder, the cityclerk or the city clerk's designee makes a finding based on substantial evidence that a
violation of this article or another chapter of this Code did in fact take place as alleged, thecity clerk or the city clerk's designee may suspend or revoke the license or permit or denyits renewal; the detennmation of whether to so suspend or revoke the license or permit or
deny its renewal shall be in fhe discretion of the city clerk or the city clerk's designee and
shall be dependent upon the circumstances surrounding the violation and its severity. The
decision to suspend, revoke or deny renewal of a license or permit shall be m writing and
shall identify the basis for such action. The decision shall be promptly served m the samemanner as required for the service of the notice required under subsection (b), and shall notbe effective until ten days after so served. The decision shall also give notice that it may
be appealed to an administrative hearing officer by filing a notice of appeal with the cityclerk within ten business days of the date of the decision.
(d) The decision of the city clerk or the city clerk's designee to suspend, revoke or deny renewal
of a license or permit pursuant to this section may be appealed pursuant to theadmirdstrative appeal process set forth in chapter 3 of tins Code.
y
(e) A licensee or permit holder whose licenseorpemut has been revoked or denied for renewalshall not be eligible for another sucha license or permit under this article for a period of
180 days after such revocation or denial of renewal.
Sec. 78-74. Restrictions on operations of transient merchants and transient merchant
prenuses.Pi:ebibitcd acts.
(a) Ne-feTransient merchants and mobile food venders operating on premises subject to a
transient merchant premises permit shall mt_sell to any person Jocated_on situated in a
motor vehicle upon any public street, alley, driveway access, or public way.(b) No transient merchant shall have more thanOnly one sign is allowed in the painted area for
any transient merchant or mobile food vendor operating on a premises subiect a transient
merchant premises permit. Such sign shall be located outside the required front yard
setback area designated by chapter 134 of this Code. Such sign shall have a single face or
two parallel faces, with each face not to exceed 24 square feet in area. Such sign shall be
securely anchored so as to prevent its displacement by weather. Vehicle signs painted or
attached directly to the body of the vehicle shall not be subject to this limitation.(e)—No transient merchant shall conduct a transient sale with a display and sale area hi excess
of 1,000 square feet, but in no event shall any one dimension exceed 50 feet.(cd) Ne-tTransient merchaats and mobile food venders operating on premises subject to a
transient merchant premises permit shall not conduct a transient sale withuse any-a display
that exceeds the height of height in excess of 15 feet.
(de) Ne-tTransient merchants and mobile food venders operating on premises subject to a
transient merchant premises permit shall display wares or products •witifcettt-usmg.anchoring
or affixing such wares or products m such a manner so as to prevent their displacement by
weather conditions.
(ef) Ne-tTransient merchants and mobile food venders operating on premises subject to atransient merchant _premises_permit shall not_conduct a transieH^-salebusiness withm the
setback area designated by chapter 134 of this Code. Ne-tTransient merchants and mobile
food venders operating on premises subiect to a transient merchant premises permit shaU:
are only allowed to sell, display or store merchandise or equipment outside within theboundaries of the area designated for the operation of such business in a licensepermit
issued pursuant to this article.(fg) Ne-tTransient merchatits and mobile food venders operating on premises subject to a
transient merchant premises permit shall conduct a transient sale without must displayagthe license required by this article and a valid sales tax permit for such business within the
plaee-e^sale-in a manner suefe-that it is readily visible to all persons attending the salethe
public during operation.(gb) Ne-tTransient merchants shall operate the business in a manner that does not violates any
applicable food and sanitation laws.
(hi) A—Qransient merchants and mobile food venders operating on premises subject to a
transient merchant premises permit shallpermit shall remove all equipment, temporarystructures, temporary toilet facilities, garbage, and any vehicle or trailer used in theoperation of the business from the licensed premises and the underlying parcel from 1:30
a.m. to 8:00 a.m. and at any time not open for business, at least six hows out of every •2/\
hour period. No transient merchant shall permit any equipment, temporary structures,
^
temporary toilet facilities, garbage, vehicle or trailer used in the operation of the business
to remain on the licensed premises or the underlying parcel during the hours identified for
the site to be vacant in a license issued pursuant to this article. —However, theThis
requirements does not apply to of this subsection (i) to evacuate the site shall not apply to
the sale of raw fruits and vegetables, natural Christinas trees, live plants and nursery stock.
(j) Ne-pPrivate property owner shall not allow, permit or authorize any person to conduct atransient sale or allow a mobile fo.od vender to operate on the premises without the license
a premise permit required by this article.
(k) No pPrivate property owners or lessees shall not allow, permit, or authorize the use of anyproperty within the control of the private property owner or lessee in violation of any of
the sections of this article.
(1) Ne-tTransient merchants and mobile food venders operating on premises subject to atransient merchant premises permit shall noU>perate the business in a manner that violates
the Noise Control Ordinance of the City of Des Moines set forth in article IV of Chapter42 of this Code.
(m) Only one transient merchant or mobile vender may operate on a premise with permit at anytime. No transient merchant shall sell food or beverages in the C 3, C 3A, C 3B, C 3R or
D R zoning districts between 1:30 a.m. and 5:30 a.m. each night.
Sec. 78-75. Municipal infractions and penalties.
fa) Any person who violates this article shall be guilty of a municipal infraction punishable
pursuant to Municipal Code section 1-15. Any person who violates a section of this article
after having previously been found guilty of violating the same section of this article shall
be guilty of a repeat offense.fb) Relief under this section shall be in addition to the remedies set forth in section 78-73.
Sees. 78-765-78-100. Reserved.
ARTICLE V. MOBILE FOOD VENDERS
Sec. 78-200. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meaningsascribed to them in this section, except where the context clearly indicates a different meaning:
Certified food protection manager is a person who holds an active certified food protection
manager certificate from a program approved by the National Conference for Food Protection.Fire marshal shall mean any individual designated by the fire chief to serye as the city fire
marshal, or to perform the duties of the fire marshal under this article.
Food service establishment shall have that meaning established by § 481-30.2 of the Iowa
Administrative Code.
Meter hood means a bag owned by the city and issued to a mobile vender for temporaryuse during the term of the mobile vendor's license. Subject to the requirements oftMs article, the
meter hood may be placed over a parking meter to reserve and hold a parking space within themobile vender zones for use by the mobile vender to whom the meter hood was issued. However,nothing in this article shall be interpreted as authorizing a mobile vender vehicle to be parked at a
location which would not otherwise then be available for general public use, unless the use of such
location is specifically limited to use by mobile vender vehicles.Mobile vendor means a person engaged in the business of selling food or beverages from a
mobile yender vehicle. For purposes of operation in a city park pursuant to section 74-210, theterm "mobile vender" mcludes a transient merchant licensed to sell food pursuant to Article III. A
transient merchant licensed to sell food and operating in a city park must comply with all relevant
provisions in Article HI, including specifically, but not limited to, the requirements of section 78-
67.
Mobile vender vehicle means a motorized vehicle or trailer used for the sale of food or
beverages for immediate consumption.
Restaurant means a food service establishment which derives at least 50 percent of its gross
receipts from fhe sale of food for immediate consumption on the premises.Tow Vehicle means a motorized vehicle used to pull a trailer used as a mobile vender
vehicle.
Zone means fhe mobile vender zones as defined m section 78-201 of this article.
Sec. 78-201. Location ofoperationMobilc vcndcr zoucs.
(a) Subject to the requirements of this article, a mobile vendor license is only valid for the saleof food or beverages for unmediate consumption from a mobile vender vehicle lawfully
parked within one of the following zones:
(1) The downtown mobile vender zones identified in subsection (b), below.(2) The neighborhood mobile vender zones identified in subsection (c), below.
(b) The downtown mobile vender zones consist of and are limited to the following street
segments:(1) Downtown mobile vender zone A:
Grand Avenue fi-om 13th Street to 15th Street,
Locust Street j&om 13th Street to 15th Street,
Walnut Street from 13th Street to 15fh Street,13th Street from Grand Avenue to Walnut Street, and
15fh Street from Grand Avenue to Wahiut Street.
(2) Downtown mobile vender zone B:Center Street from 5th Avenue to 9fh Street,
Crocker Street from 5th Avenue to 9fh Street,Park Street from 3rd Street to 7th Street, and
Watson Powell Jr Way from 3rd Street to 7th Street.
(3) Downtown mobile vendor zone C:Cherry Street from 5th Avenue to 9th Street,
Mulberry Street from 5fh Avenue to 7fh Street, and5th Avenue from Vacated Vine Street to Mulberry Street.
(4) Downtown mobile vender zone D:East Court Avenue from East 2nd Street to East 6th Street,
East Grand Avenue from Robert D Ray Drive to East 4th Street,
Locust Street and East Locust Street.fi-om the west end of the Locust Street bridge
over the Des Moines River to East 4fh Street,
East Walnut Street from East 1st Street to East 7th Street,
Robert D Ray Drive from East Grand Avenue to East Locust Street,
East 2nd Street from East Walnut Street to E Court Avenue,
East 3rd Street from East Wahiut Street to E Court Ave,East 4fh Street from East Wahiut Street to East Court Avenue, and
East 7th Street from East Wahiut Street to a point 240 feet south of East CourtAvenue.
(c) The neighborhood mobile vender zones consist of and are limited to the following street
segments during the days of the week and the hours of the day identified for each such zonebelow:
(1) Neighborhood mobile vender zone 1: ReservedLocation:
Days and hours of operation:fd) Subject to the requirements of this article, a mobile food vendor license is valid for the sale
of food or beverages for immediate consumption from a mobile food vender vehicle on
premises for which a transient merchant premises permit has been issued. In addition to
being subiect to the requirements of this article, a mobile vender operating on private
property is deemed a transient merchant for purposes of Article III during.those operationsand is subiect to all requirements contained in Article III except for the requirement that it
obtain a transient merchant license.
Sec. 78-206. Cash bonds.
(a) Except as provided in paragraph (c) below, no mobile vender license shall be issued untilthe applicant has delivered to the city clerk a cash bond as set out in the sche4ule of fees.fe?
no less than. $200.00. The bond shall be held to mdemnify and pay the city any penaltiesor costs incurred in the enforcement of any of the sections of this article and indemnify or
reimburse any purchaser of food or beverages for any judgment which may be obtained by
a purchaser for damages ui any action commenced within three months from the date of
purchase, dug. to misrepresentations as to the kind, quality or value of such food orbeverages, whether fhe misrepresentations were made by the owner or by his or her agents
or employees, either at the time of making the sale or through any advertisement of any
character, printed or circulated, with reference to such food or beverages.
(b) A single bond may be used for all licenses obtained by the same mobile vender.(c) The balance of the bond shall be released by the city clerk and retamed to the applicant
upon request by the applicant at any time more than four months after expiration of all
mobile vender licenses for which the cash bond was provided, unless the city clerk has
received notice of a pending action in the state or federal courts seeking a judgment upon
a claim eligible for payment from the bond. Except as otherwise provided by court order,the city clerk shall not release any bond during the pendency of any such action.
Sec. 78-207. Meter hoods.
(a) In order to operate in a downtown mobile vender zone, aEvery mobile vender, is requiredto obtain a meter hood to be issued by the city clerk for each licensed mobile vender
vehicle. If the mobile vender vehicle, or the mobile vender vehicle and tow vehicle if the
mobile vender is a trailer, is longer than twenty feet and no longer than twenty-five feet
the mobile vender may elect to obtain a second meter hood from the city clerk. If themobile vender vehicle is a trailer, and the mobile vender vehicle and tow vehicle are longer
than twenty-five feet, the mobile vender is required to obtain a second meter hood to be
issued by the city clerk
(b) The annual fee for the use of the fast and second meter hoods issued with each mobilevender license shall be in the amount set in the schedule of fees adopted by the city council
by resolution.(c) To secure fhe return of each meter hood at the expiration or termination of the mobile
vender license, a deposit in the amount set in fhe schedule of fees adopted by the citycouncil by resolution shall be collected by the city clerk for each meter hood so issued,
including replacement hoods. Upon request to the city clerk and return of the meter hood
in good condition, exceptmg ordinary wear, the city clerk shall cause the deposit to be
refunded to the mobile vender by mailing payment to the address of record for such vender.
(d) la the event any meter hood is lost, stolen or damaged, the mobile vender may obtam areplacement meter hood upon payment of the replacement hood fee and deposit in the
amounts set in the schedule of fees adopted by the city council by resolution.
Sec. 78-208. - License issuance.
(a) A mobile vender license shall be denied to any applicant who has operated a rnobUe venderbusiness in material violation of any of the requirements of this article or any other chapter
oftMs Code within the prior 180 days.(b) The city clerk or the city clerk's designee shall, upon satisfaction that the information
provided m an application for a mobile vender license is true and correct and that the
requirements of this article for issuance of the license have been satisfied, and upon
payment of the cash bond required by section 78-206 and the meter hood fee, if required
to operate, and deposit required by section 78-207, issue the license and one or two meterhoods as provided in section 78-207. The license shall identify whether the mobile vender
is limited to the sale of prepackaged food and beverages that do not require hot or cold
han.dlmg procedures.
(c) The city clerk shall deny any application for ftie operation of a mobile vender business thatdoes not conform with all applicable requirements of this article, the City Code, the Iowa
Code and fhe Iowa Admmis.trative Code.
(d) In the event an application for a mobile vender license is denied, the city clerk or the cityclerk's designee shall cause notice of such denial to be promptly communicated to the
applicant or the applicant's representative by phone at the phone number provided in the
application. Written notice shall also be sent to the applicant at the business address
identified in the application, mforming the applicant of the denial, the reasons therefore,
and the applicant's right to appeal the denial to an administrative hearing officer by filinga -written notice of appeal with the city clerk within ten business days after the date of such
notice.
(e) If no appeal from the denial of a license is timely filed, or iffh-e denial is not reversed uponfinal disposition of any appeal, the city clerk shall promptly refund the refundable portion
of the application fee, as set m the schedule of fees adopted by the city council byresolution.
(f) A mobile vender license shall be effective for one year, or the portion thereof remaimngafter issuance of the license until the followmg March 1st. All mobile vender licenses shall
expire on March 1 st.
See. 78-212. - General regulations.
(a) Hours of operation.
(1) Downtown mobile vender zones. Between 1:30 a.m. and 5:30 a.m., no mobilevender vehicle shall be open for business within the downtown mobile vender
zones. Between 1:45 a.m. and 5:30 a.m., no mobile vender vehicle may be parkedwithin the downtown mobile vender zones.
(2) Neighborhood mobile vender zones. No mobile vender vehicle shall be open forbusiness within a neighborhood mobile vender zone at any tune outside the hours
of operation, established for that mobile vender zone m section 78-201. No mobile
vender vehicle shall be parked withm a neighborhood mobile vendor zone at any
time outside the hours of operation established for that mobile vender zone in
section 78-201, except that the mobile vender shall be allowed 15 minutes beyond
the end of such hours of operation to prepare the mobile vender veMcle for
movement.
(b) Allowed locations.(1) No mobile vender shall conduct any sale from a mobile vender vehicle which is not
lawiully parked in a parallel parking space m a mobile vender zone.
(2) No mobile vender shall conduct any sale from a parking space which is designatedas an accessible feaadieap-parking space -with a blue meter, or designated as a 30
minute parking space with a green meter, or designated as restricted for residential
permit parking only.(3) No mobile vender shall conduct any sale from a mobile vender vehicle located
within I'OO feet of any public entrance into the waiting or service area of any street
level restaurant then open for business.
(4) During the time that any part of a street is closed for an event for which a street use
permit has been issued, and except as allowed within the event area by the party
holding the street use permit, no mobile vender shall conduct any sale within the
affected blocks or within two blocks of. the affected blocks. For purposes of this
section:
. a. A "block" is the entire right-of-way of a public street extending from the
centerline of an intersecting street or the lateral centerlme of any river
bridge, to the centerline of the next intersecting street or the lateral
centerline of any river bridge, whichever is closer; and,
b. The "affected blocks" are any blocks contaming any portion of the street
closure for which the street use event has been issued.
(c) Mobile vender vehicle.(1) Any motorized vehicle used as a mobile vender vehicle shall be no larger than 37
feet long and eight and one-half feet wide. Any trailer used as a mobile vender
veMcle together with the tow vehicle shall be no larger than_37 feet long, and eight
and one-halffeet wide.
(2) Except for the storage and preparation of food and beverages at a separate kitchen
or commissary kitchen, all storage and preparation, of food and beverages offeredfor sale by a mobile vender shall occur within a fally enclosed space within themobile vender vehicle.
(3) A trailer used as a mobile vender vehicle may be detached from the tow vehicle forleveling, but the tow vehicle must remain in front of the trailer at aU times while
the trailer is parked in a mobile vender zone.
(4) A mobile vender vehicle shall not have a second story or any interior space used
for customer sersdce or seating.
(d) Display of license. The license required by this article and a valid sales tax permit for suchbusiness shall be displayed within the mobile vender vehicle a manner such that it is readilyvisible to aU persons seeking to conduct business with the mobile vender.
(e) Sale of merchandise. No mobile vender shall offer any merchandise or wares for sale other
than food and beverages for immediate consumption. If the license identifies that fhe
mobile vender is limited to the sale of prepackaged food and beverages that do not require
hot or cold handling procedures, the vender shall not offer any other items for sale.
(f) Meter hoods.(1) No mobile vendor shall cause or permit any meter hood issued to them to be placed
over any parking meter outside the mobile vender zones at any time. No mobile
vender shall cause or permit any meter hood issued to them to be placed over any
parking meter inside the mobile vender zones at any time between 1:45 a.m. and
5:30 a.m. Any meter hood found being used in violation of this paragraph may be
immediately confiscated by any police officer or community development
inspector who shall cause it to be returned to the city clerk. Confiscation of a meter
hood may include cutting, ripping or destroymg the meter hood if required for itsprompt removal.
(2) No person shall place a meter hood over the parking meter for a parkmg space that
is then occupied by any vehicle other than the mobile vender vehicle operated by
the mobile vender to whom the meter hood was issued.
(3) When a parkmg meter is covered by a mobile vender bag, no person shall park any
, vehicle m the correspondmg parking space except the mobile vender vehicle
operated by the mobile vender to whom the meter hood was issued. Violation, of
this paragraph shall also constitute illegal parking in violation of a traffic controldevice.
(4) No mobile vender shall conduct any sale from a mobile vender vehicle within thedowntown mobile vender zones unless such vehicle, including the tow vehicle if
' applicable, is lawfully parked in one or two metered parallel parking spaces withthe corresponding parking meters covered by a meter hood issued for that mobile
vender vehicle.
(5) Nothing in this article shall be interpreted as authorizing a mobile vender vehicleto be parked at a location which is not then available for general public use, but forthe use of the meter hood, unless the use of such location is specifically limited to
use by mobile vender vehicles.
<(6) Mobile venders shall cooperate with any person authorized to place a street closure
bag or restricted parking bag over a parking meter then covered by a meter hood,
including but not limited to promptly and temporarily removing the meter hood to
allow a street closure bag to be placed over the meter and under the hood.
(g) Food safety. Any mobile vender who offers food or beverages for sale,, other than
prepackaged items that do not require hot or cold handling procedures, shall be subject tothe foUowmg additional requirements:
(1) A valid mobile food unit license for the mobile vender vehicle shall be displayedwithin the mobile vender vehicle in a location that is readily visible to all customers.
(2) Any such mobile vender who is not a certified food protection manager shallemploy at least one certified food protection manager; shall mamtain a copy oftheir
certifications) as a certified food protection manager m the mobile vendmgvehicle; and shall produce the certification documents for inspection upon request
by any police officer or community development department inspector.
(3) No mobile vender shall operate the business in a manner that violates any applicablefood and sanitation laws.
(h) Noise. No mobile vender shall operate the business m a manner that violates the Noise
Control Ordinance of the City ofDes M^oines set forth m article IV of Chapter 42 of thisCode. No person shall offer for sale or sell anything from a mobile vending vehicle by
shouting or raised voice.(i) Use of street and sidewalk. No mobile vender shall place any tables, chairs, furniture,
equipment, signage or other material on the ground, streets or sidewalks. No mobile vender
shall place any food, materials or equipment on the ground or on tables, chairs, or shelvesthat are not mcorporated into the mobile vendmg vehicle.
(]') Trash receptacles. A mobile vender shall provide one or more trash receptacles readilyaccessible to its customers either in or attached to the mobile vender vehicle. All such trash
receptacles and all accumulations of trash and litter shall be removed from the site by the
mobile vender before departing.
(k) All sales j&om sidewaTk side. No mobile food vender shall conduct any sales from outsidethe mobile vender vehicle. All sales activities and the transfer of food and. beverages to the
customer shall occur only on the sidewalk side of the mobile vender vehicle. No mobile
vender shall sell to any person situated in a motor vehicle. However, nothing in this
paragraph shall be interpreted to prohibit such reasonable accommodation as may be
needed to serye a customer with a disability. TMs requirement does not apply to mobile
venders operating on private property.
(1) Grease disposal.(1) All fat, oil and grease generated in the operation of a mobile vender business shall
be disposed of at the business or facility identified in the mobile vender'sapplication for a license. Any change in the businesses or facilities used for the
disposal of such fat, oil and grease shall be reported to the city clerk; in v/riting bythe mobile vender within tb-ee business days of the first use of a fhe new business.
or facility.(2) All fat, oil and grease generated in the operation of a mobile vender business shall
be disposed of m compliance with the requirements of division 5, article III ofchapter 118 regarding the discharge of fat, oil and grease by food sarvice
establishments.
Section 2. This ordinance shall be m full force and effect from and after its passage and
publication as provided by law.
FORM APPROVED:
^-^ MX/Thomas G. Fisher Jr.
Assistant City Attorney
